Council Tax on empty property

Collapse
X
  • Filter
  • Time
  • Show
Clear All
new posts

  • Council Tax on empty property

    The house which we used to live in was empty for 2 months before being rented. When I enquired about the Council Tax on this period I was informed that for an empty property there will be no Council Tax for the first 6-month. After the 6-months period the full amount is payable.

    My question is:

    Question one: Is this correct? I thought on an empty property it was rebated by 25%
    Question two: If this is correct then what will happen when the next period when the property is empty again? Will a new 6-months "no council tax" period be applied or will I have no council tac to paid for another 4-months only?

    Thanks in advance

  • #2
    If it was empty and unfurnished, I thought it was 3 months. If it was uninhabitable and being restored, I thought it was 6 months. If it was empty but furnished, you only get a 10% deduction. I will check my council rules and come back to you.
    ASSUME NOTHING - QUESTION EVERYTHING!

    Comment


    • #3
      Originally posted by steveandbee View Post
      The house which we used to live in was empty for 2 months before being rented. When I enquired about the Council Tax on this period I was informed that for an empty property there will be no Council Tax for the first 6-month. After the 6-months period the full amount is payable.

      My question is:

      Question one: Is this correct? I thought on an empty property it was rebated by 25%
      Question two: If this is correct then what will happen when the next period when the property is empty again? Will a new 6-months "no council tax" period be applied or will I have no council tac to paid for another 4-months only?

      Thanks in advance
      1. You are confusing two points. Empty property carries no CT for first six months. Property with only one adult in occupation carries 75% of full CT (ie sole occupant gets 25% discount).
      2. The six-month rule is property-based, not person-based. Only one six-month period is available per property.
      BUT there are other disregards too. For example:
      a. exempt dwellings, as set out in Statutory Instruments;
      b. dwelling of now-deceased owner during period of obtaining Grant of Probate etc.; and
      c. students.
      Finally, the person liable to pay CT is defined in s.6 of Local Government Act 1992 as amended. Even tenants can be liable, despite what you might have been told to the contrary, depending on whether anyone outranks them in descending order of liability set out there.
      JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
      1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
      2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
      3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
      4. *- Contact info: click on my name (blue-highlight link).

      Comment


      • #4
        Got it.

        Class A: Empty and unfurnished and that need major repairs or are being repaired so they can be lived in will be exempt for up to 12 months.

        Class C: Empty and unfurnished properties will be exempt for up to six months from the date they were last lived in.

        from 1 April 2004, 90% council tax is payable on second homes which is furnished.

        From my own experience, the council form that I fill out between tenancies does not ask the question how many times I have asked for the exemption. I don't think there is any limit, as the council knows we have void periods between tenancies.
        ASSUME NOTHING - QUESTION EVERYTHING!

        Comment


        • #5
          Originally posted by Paragon View Post
          from 1 April 2004, 90% council tax is payable on second homes which is furnished.
          Not all local authorities have implemented the allowed change in regulations. In my area, one has and the other has not.

          Round our way an empty 3 bedroom at 90% cost a LL over £110 a month in council tax. Thus there has been a definite trend towards unfurnished.

          Alternatively, I know of some landlords of furnished properties registering themselves as sole occupant "living there for security against squatters" thus saving themselves 15% a month.
          On some things I am very knowledgeable, on other things I am stupid. Trouble is, sometimes I discover that the former is the latter or vice versa, and I don't know this until later - maybe even much later. Because of the number of posts I have done, I am now a Senior Member. However, read anything I write with the above in mind.

          Comment


          • #6
            Originally posted by Esio Trot View Post
            Not all local authorities have implemented the allowed change in regulations. In my area, one has and the other has not.<snip>
            .
            That is indeed the situation - local authorities do seem to vary.

            Steveandbee has quite correctly checked with the Council involved and it is best to record the date and time of this advice in the event of there being any future dispute.
            Vic - wicked landlord
            Any advice or suggestions given in my posts are intended for guidance only and not a substitute for completing full searches on this forum, having regard to the advice of others, or seeking appropriate professional opinion.
            Without Plain English Codes of Practice and easy to complete Prescribed Forms the current law is too complex and is thus neither fair to good tenants nor good landlords.

            Comment


            • #7
              Originally posted by Esio Trot View Post
              Not all local authorities have implemented the allowed change in regulations. In my area, one has and the other has not.

              Round our way an empty 3 bedroom at 90% cost a LL over £110 a month in council tax. Thus there has been a definite trend towards unfurnished.

              Alternatively, I know of some landlords of furnished properties registering themselves as sole occupant "living there for security against squatters" thus saving themselves 15% a month.
              Interesting. I didn't realize that the 90% on furnished properties was optional and at the discretion of individual councils. Mine used to be furnished, but not any more - but the garage is getting full.
              ASSUME NOTHING - QUESTION EVERYTHING!

              Comment

              Latest Activity

              Collapse

              • Landlord asks that T to pay deposit protection charge each time we renew AST
                JP23
                Why must we continuously renew our deposit with the scheme each time we re-sign our AST i.e. every 12 months?

                Why can the deposit not remain protected throughout the duration of the overall tenant occupation?

                Is our landlord acting in questionable faith by asking us to pay...
                23-07-2017, 04:18 AM
              • Reply to Landlord asks that T to pay deposit protection charge each time we renew AST
                Lvkn
                Hello
                i am a landlord and have insurance based deposit protection (I hold the deposit in segregated client account and register it with My Deposits) every time a new contract is drawn up we have to pay £48. If a tenancy is renewed, we pay £48. If someone moves out of one of our multiple tenant...
                23-07-2017, 20:27 PM
              • Excessive estate agent fees
                Cml241
                I have a property which I started renting out via an agency. When the contract started, they found new tenants, did the relevant checks etc and charged an upfront fee which equates to approx one month's rent. As one year has almost passed, the agent has approached me asking if I want them to 'renegotiate'...
                21-07-2017, 16:26 PM
              • Reply to Excessive estate agent fees
                Wright76
                If you have no ongoing contract with the agent and it was "find" only, they have no right to force you into a new AST.

                Depending on the terms of your contract there's nothing to prevent you, if your feeling confident, in renewing the contract yourself and taking over.
                ...
                23-07-2017, 19:11 PM
              • Reply to Landlord asks that T to pay deposit protection charge each time we renew AST
                jjlandlord
                Fees for 'renewing' will not be in the tenancy agreement because they are not fees of the tenancy and are freely negiotiated.

                The landlord should simply charge an admin fee to renew and set it to include all his costs...
                23-07-2017, 19:02 PM
              • Structuring a deal - Purchase Option/Overage Agreement?
                pdmalik
                Hello,

                There is a derelict property with good potential in my area. The owner tried to sell it in a local auction few years back and did not get what he wanted (actually did but got greedy). Now he can even sell it for cheaper than what he was getting in the auction. Property has good potential...
                23-07-2017, 16:52 PM
              • Reply to Structuring a deal - Purchase Option/Overage Agreement?
                mariner
                Make the owner an offer to purchase.
                23-07-2017, 18:46 PM
              • Reply to Landlord asks that T to pay deposit protection charge each time we renew AST
                Wright76
                There is no charge and it doesn't need reprotecting if it's in a custodial scheme. If it's in an insurance based scheme then landlord is holding it and can be claiming interest on it, it's therefore very cheeky but not illegal to pass the cost onto you.

                Ask him if he can use a custodial...
                23-07-2017, 18:45 PM
              • Reply to Landlord asks that T to pay deposit protection charge each time we renew AST
                KTC
                Yes, but if we're talking renewal, then it'll inevitably be in it.

                Is it insured or custodial. Insured, meh. Custodial, wholly unreasonable....
                23-07-2017, 18:33 PM
              • Deposit at the end of AST. Also, quiet enjoyment.
                scooter08
                Q1 – Where is the rented property located (England / Wales / Scotland / N Ireland)?
                England

                Q2 – What type of Tenancy Agreement (TA) is this e.g. sole tenant / multiple tenant / room only?
                AST

                Q3 – What date did current TA start dd/mm/yy?
                12/04/2015
                ...
                21-07-2017, 15:06 PM
              Working...
              X